367.627 Actions for injunctive relief and recovery of actual economic damages --

270 words·~1 min read·/ky/367-627

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Civil penalty.

(a)Any person may maintain an action to enjoin the continuing of any act in

violation of KRS 367.620 to 367.628 and, if injured by the act, may also

maintain an action for the recovery of damages.

(b)If the court finds based on evidence presented by the plaintiff that the

defendant is violating or has violated any of the provisions of KRS 367.620 to

367.628, the court shall enjoin the defendant from continuing the violations.

(c)It shall not be necessary that actual economic damages be alleged or proved

by the plaintiff in order for the court to enjoin violations.

(d)In addition to injunctive relief and any other relief the plaintiff may be entitled

to under this section:

1. The plaintiff in the action shall be entitled to recover from the defendant

two

(2)times the amount of any actual economic damages sustained;

and

2. The court may award the plaintiff reasonable attorneys' fees and costs.

(2)In addition to the remedies provided under subsection

(1)of this section:

(a)All of the remedies, powers, and duties provided to the Attorney General

under KRS 367.110 to 367.300, and the penalties provided in KRS 367.990,

shall apply with equal force and effect to any act declared unlawful by KRS

367.620 to 367.628; and

(b)The Attorney General may recover a civil penalty of five thousand dollars

($5,000) per violation against any person who violates any provision of KRS

367.620 to 367.628.

(3)Nothing in this section shall prohibit the Attorney General or any other person from

pursuing the recovery of damages afforded elsewhere under the law.